Colorado DUI Laws & Penalties

Colorado drunk driving laws make it illegal to operate a motor vehicle under the influence of alcohol or drugs. In addition to operating under the influence, Colorado drunk driving laws also make it illegal to operate a motor vehicle while a persons ability to drive is impaired by alcohol or drugs.

The (2) Colorado 'drunk driving' offenses are referred to as DUI 42-4-1301(1)(a) C.R.S. and DWAI 42-4-1301(1)(b) C.R.S. In addition Colorado also has another offense that is charged along with 1 of the other offenses. The additional charge is known as the DUI 'per se' law 42-4-1301(2)(a) C.R.S. There are two ways in which the prosecution can prove DUI or DWAI;

Evidence of an inability to safely operate a motor vehicle, such as field sobriety tests, video tape, police officer observation, etc...

A DUI under Colorado drunk driving laws will bring both administrative penalties (actions the DMVwill take against your Colorado drivers license) and criminal penalties such as court imposed fines, community service, and jail time. The court system punishments can sometimes be reduced or pleaded down by cooperating with treatment programs etc... but the administrative penalties cannot be changed.

Chemical Testing

Chemical testing for police tests must be administered within 2 hours of driving in accordance with Department of Health regulations

Blood testing must be performed by a licensed physician, registered nurse or other qualified person

Independent chemical testing: No statutory provision

Test results: No statutory provision

Plea Bargaining

An alcohol or drug-related offense can be reduced to a non-alcohol or drug-related offense if the prosecuting attorney notifies the court that a prima facie case could not be established

Colorado SR22 Insurance

Colorado SR22 insurance is required for a period of 3-years following a drunk driving conviction and can be very expensive if you go with the wrong provider. We have partnered with the largest and most trusted SR22 insurance provider here in the state of Colorado and have worked out a special discount only available here for our website visitors.

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Disclaimer

The information contained herein is just that, “information” and should not be construed as legal advice. The information found on this Website may not always be current, therefore we recommend that you speak with a practicing criminal attorney in your state.